Imóveis desocupados e políticas públicas habitacionais: análise a partir da jurisprudência e marcos normativos brasileiros.

Abstract

Abandoned properties seem to be in conflict with social interests, which are above the individual interest of the owner, who does not take care of the property and leaves it unused. Therefore, the right to property guarantees the owner a series of powers, but also creates a series of protective care focused on the interests of its powers to achieve the social purpose. The present work aims to demonstrate, based on bibliographical references, legislative research and some empirical and qualitative data, that the collection of abandoned properties is an effective instrument for achieving urban social development. It is up to the public authorities, therefore, to develop urban policies guided by constitutional and infraconstitutional principles capable of promoting social development, in a broad way. In this aspect, the collection of abandoned properties gains special relevance given the countless abandoned properties in the country where the municipal public authorities must seek and act on the solution of these issues, as the recognition and collection of abandoned properties does not happen automatically, but must follow a regular and specific administrative process. However, this collection process does not happen suddenly, there is a grace period, during which the owner can regularize the situation of the property and claim ownership, during this period he also exercises his broad defense, which appears as a guarantee of the due legal process. What has often become a bureaucratic process, with little speed, which ends up making it difficult for the public administration to collect the abandoned property.